Bonum Certa Men Certa

With Software Patents, “the [Low] Level of the USPTO Has Now Be[en] Reached by the EPO”

Patents on maths, such as computer vision (my research discipline), are increasingly becoming possible under the Battistelli regime

Blatterstelli and EPO, USPTO
When one's goal is just maximising the number of patents the role model would be SIPO (China) or USPTO, where the yardstick/accomplishment is granting a patent on any bundle of paper that comes in, securing a monopoly on virtually everything under the Sun (as long as it says "technical", "inventive", "on a computer", and/or "over the Internet")



Summary: Software patents and other patents of little or no technical merit that can be physically demonstrated are now being granted by the European Patent Office, despite the demise of software patents in the United States

HERE IN Techrights we mostly focus on software patents (primary focus of the site), but there are many other problems associated with the EPO, including the use of patents against so-called 'generic' medicine and cancer treatments (there are various issues associated with that). IP Kat covers a story that was mentioned here the other day, stating that "European Patent No 1 313 508 protects the use of pemetrexed disodium in combination with vitamin B12 or a pharmaceutical derivative thereof and optionally a folic protein binding agent. The patent expires on 15 June 2021."

"Putting aside the abuses against human rights, there are technical issues as well."Whether one talks about the European Patent Office or epogen/Epoetin alfa, EPO is now synonymous with cheating, breaking of rules. Putting aside the abuses against human rights, there are technical issues as well. For instance, somebody posted an amusing ode titled "BB’s Declaration on Truth and Self-Imposed Stupidity..."

This is about the reality distortion field, which we recently covered here, both before and after the event in Rijswijk. Another person correctly insinuated that “the level of the USPTO has now been [corrected] reached by the EPO” with patents on a digital purring cat -- a software patent idiotic/trivial enough that the USPTO would most likely approve given its low standards and greed which motivates such low standards, sending out the message that nearly all applications will be successful, leading to a filings deluge, also at courts' dockets. "Sure that the problem-solution-approach exists when assessing inventive step," wrote the person. "I however still fail to see what can be inventive in claiming the purring of a virtual cat when a cursor is moved back and forth on the virtual cat. The claim does certainly not read on an actual cat. If this would be the case, novelty would not even be given. [...] it means sadly that the level of the USPTO has now be reached by the EPO..... Where has common sense disappeared to?" This is the patent in question, from Immersion Corporation, which has an extensive cluster of other cross-referencing software patents at the EPO, mostly relating to user interfaces and vibration for feedback. Just because the software triggers a "vibrate" action doesn't mean the software is somehow physical. It's still a software patent. Based on the company's own site, it's about software and it's about licensing, not necessarily making things. There's an "IP Licensing" section under "Products". To quote their plenary description from the front page: "Immersion licenses touch feedback technology."

"We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust."This kind of patent maximalism, meaning the expansion of patents or the objective of maximising the number of patents by lowering quality (of examination or patents approved), is something that we've warned about many times here before. It's why we wrote about the EPO almost a decade ago, primarily in relation to software patents. It was Brimelow who permitted the "as such" loophole to sneak in, but it was Battistelli who took this further with accelerated examination (meaning lax or lenient) for Microsoft, which mostly patents software and exploits Brimelow's loophole to make it seem like something which it's not.

We worry that Europe is following the footsteps of the US when it comes to patents when it fact it should have been the US emulating Europe, for its patent system has historically received more respect and trust. The boosters of software patents -- people who themselves never wrote computer programs or understand how a computer works -- try to pressure policymakers, judges, examiners etc. to abolish the Alice case as a factor, despite the SCOTUS overwhelmingly (unanimously) ruling against abstract software patents. Here is the latest example of that, published just yesterday. By his own admission, the author "is a patent attorney licensed to practice law in California and Arizona." Looking only at the side of patent aggressors and their lawyers (not their victims, who are far greater in number), he writes that "examining corps’ over-use of Section 101 rejections can be reined in via a more disciplined and structured set of instructions."

"How is reduction in rejections a good thing? What is the point of patent examination is there's no difficulty and frequent rejections?"Why is it overuse? Because he doesn't like it when Alice is brought up? It's a Supreme Court's strong, high-level decision. Why bypass it?

"Examiners would like it," he said, insinuating that somehow granting a lot more patents on software is something that examiners would prefer (in the past at least they received financial incentive to actually grant if in doubt rather than decline). He also said that "applicants would find examination outcome more predictable and know how to respond to rejections better; and reduced rejections represents good patent policy and will benefit the U.S. economy."

This is complete nonsense. How is reduction in rejections a good thing? What is the point of patent examination is there's no difficulty and frequent rejections? It's like those scandals in the UK where examination authorities in the scholarly world are found have have made exams easier so that young people get higher grades and they can deduce from it that children are somehow (magically) getting a lot smarter.

"Don’t take advice from patent lawyers on issues such as these."Patent lawyers are understandably concerned because many of their old clients probably feel reluctant to patent software any longer. That's a good thing for society as a whole. Don't take advice from patent lawyers on issues such as these. They're biased, and not for idealogical reasons but for their own pockets.

"The status of the lobby against software patents is so bad that I have to say #ilovefs," Benjamin Henrion wrote on Sunday night. He is right as the camp that fought against software patents used to be a lot more active a decade ago or even a few years ago. The public debate has been mostly warped (with help from the corporate media, which is owned by large corporations that love software patents but hate trolls that sue them), to the point where a lot of the public now thinks in terms like "patent trolls", not patent scope or a patent's domain.

Comments

Recent Techrights' Posts

At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
 
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same